DOWNTOWN INC. 3 - 2009 - Laserfiche WebLink

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received by the CITY from the County of Orange to the ASSOCIATION in accordance with Section 5.1 hereof. 4.3. With respect to any public agencies for which the County of Orange does not bill the annual DISTRICT assessments, the CITY shall hand bill such agencies for the DISTRICT assessments, provided that the CITY shall have no responsibility to enforce the collection of such assessments. 4.4. The CITY shall make available to the ASSOCIATION such information in its possession, except for information which is determined to be confidential information by the City Attorney, which is necessary for implementation of the DISTRICT work program. 4.5. The CITY shall report to the ASSOCIATION on a regular basis as to the status of DISTRICT assessment revenues thus far collected so that the ASSOCIATION can adjust its budget and work program accordingly. 5. DISBURSEMENTS 5.1. Commencing with Fiscal Year 2009-2010 and continuing through Fiscal Year 2013-2014, the CITY shall annually remit to the ASSOCIATION the DISTRICT assessment revenues collected by the County of Orange and paid to the CITY within 30 days of receipt of such revenues by the CITY from the County of Orange. 6. AUDITS, ACCOUNTING AND AUDIT EXCEPTIONS 6.1. The ASSOCIATION's program, as it relates to the DISTRICT, will be audited in accordance with policy and funding guidelines established by the CITY from time to time. The CITY or its authorized representatives shall, with 10 days' prior notice, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property and premises of the ASSOCIATION, at the ASSOCIATION's place of business. 6.2. The ASSOCIATION's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the ASSOCIATION's program, as it relates to the DISTRICT. If indications of misappropriation or misapplication of the funds governed by this Agreement cause the CITY to require a special audit, the cost of the audit shall be paid by the ASSOCIATION. Should it be subsequently determined that the special audit was not reasonably warranted, the amount will be restored to the ASSOCIATION. The right to audit, as provided by this Section, shall be for a period of three (3) years from the date of submission of the financial report in question or any indication or notice to the CITY of any misappropriation or misapplication of funds by the ASSOCIATION, whichever is later.